Published September 16, 2024 | Version v1
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Locus standi of Third States in World Court Proceedings Concerning erga omnes violations

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Recent years have brought an observable influx of proceedings in the International Court of Justice concerning violations of erga omnes norms in which third states (i.e. those not considered to be specially affected by particular violations) were engaged in both contentious and advisory cases. In addition, in those proceedings initiated by specially affected states, e.g. Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), there have been an unprecedented number of interventions made by third states. These kinds of interventions have also been submitted in proceedings initiated by other, not directly/specially affected states – as in The Gambia v. Myanmar. These developments raise the following questions: On what basis can third  statesparticipate in proceedings concerning violations of erga omnes norms? Is their participation beneficial for the protection of erga omnes norms, and for the Court’s role?

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References

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